Brigette Honaker  |  August 7, 2020

Category: Covid-19

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Coronavirus outbreak stimulus check payments were allegedly denied to immigrant couples.

A federal court recently determined that the IRS and the U.S. Treasury Department must face class action allegations challenging coronavirus outbreak stimulus check limitations to spouses of immigrants.

According to U.S. District Judge Ellen L. Hollander’s recent motion, the defendants cannot dodge a proposed class action regarding the coronavirus outbreak stimulus checks. Instead, Judge Hollander found that the plaintiffs had legal standing to bring their claims under the U.S. Constitution.

“Requiring plaintiffs to seek judicial relief through a tax refund action would erect unnecessarily onerous and costly barriers to plaintiffs’ suit,” Judge Hollander wrote.

A group of plaintiffs brought their stimulus check class action lawsuit in April, shortly after the IRS and Department of the Treasury sent out stimulus checks to Americans. According to the filing, the plaintiffs were denied stimulus checks because they are married to immigrants who have Taxpayer Identification numbers instead of Social Security numbers.

Under the CARES Act, families were eligible for a stimulus check payments if they satisfied income requirements. Each taxpayer was eligible for $1,200 from the government, with couples eligible for $2,400 total plus $500 for each of their minor children.

Unfortunately, married couples including one citizen with a Social Security number and one immigrant with a Taxpayer Identification number were allegedly both denied stimulus checks. The citizens claimed that they were explicitly discriminated against by the government because some married couples were provided with stimulus check payments while others were not.

“By denying plaintiffs and other mixed-status couples recovery payments, the CARES Act and defendants force plaintiffs and their children to suffer the stigma of knowing their families are adversely treated compared to other families,” the coronavirus outbreak stimulus check class action lawsuit contended.

The IRS and Treasury responded to the stimulus check class action lawsuit with a motion to dismiss. According to the defendants, the plaintiffs and proposed Class were barred from taking legal action due to the United States’ sovereign immunity. The dismissal motion also argued that the plaintiffs couldn’t claim injury under Article III of the U.S. Constitution due to the fact that their alleged injuries were too speculative.

However, Judge Hollander recently rejected these arguments, finding that the plaintiffs’ claims can continue to the next stage of litigation.

Under the Administrative Procedure Act, Judge Hollander determined that the plaintiff’s stimulus check class action lawsuit was valid based on the relief the plaintiffs seek. Because the plaintiffs seek only injunctive and declaratory relief – opposed to this relief along with damages – the claims can move forward.

A judge recently determined that stimulus check claims can move forward.The judge also determined that the married couple plaintiffs have sufficiently alleged a legitimate injury under constitutional law, based on their lack of stimulus checks.

“This pocketbook injury is the textbook example of injury in fact,” Judge Hollander wrote.

Judge Hollander also rejected the argument that the plaintiffs’ class action failed to meet constitutional requirement. She found that the claims not only satisfied Article III but also met eligibility requirements under the First and Fifth Amendments.

According to the judge, the eligibility of the plaintiffs’ allegations comes from the CARES Act language. The way that the law limits stimulus check payments reportedly counts as infringing upon a couples’ right to marriage. The constitutional right to marriage reportedly includes the right to the benefits of marriage – including the tax benefits associated with a union.

“Accordingly, plaintiffs have adequately alleged that § 6428(g)(1)(B) imposes a discriminatory burden on the fundamental right of marriage,” Judge Hollander concluded.

Although no wrongdoing has been assigned or damages awarded, surviving a dismissal motion is big for a proposed class action lawsuit as it may indicate that the claims will prevail in the future.

This is not the first time that the U.S. government has been sued for their coronavirus outbreak stimulus check policies. Plaintiffs have filed claims against the IRS and Treasury challenging the government’s denial of stimulus checks to the citizen children of immigrant parents. These claims also survived a motion to dismiss in Maryland back in June.

Did you receive a stimulus check following the coronavirus outbreak? Let us know in the comment section below.

Plaintiffs and the proposed Class is represented by Robert P. Newman of the Law Office of Robert P. Newman PC, and Thomas A. Saenz, Belinda Escobosa Helzer, Andres Holguin-Flores, Nina Perales, Fátima Menéndez, Samantha Serna and Andrea Senteno of the Mexican American Legal Defense and Educational Fund.

The Coronavirus Outbreak Stimulus Check Class Action Lawsuit is Ivania Amador, et al. v. Steven Mnuchin, et al., Case No. 1:20-cv-01102, in the U.S. District Court for the District of Maryland.

Join a Free Coronavirus Class Action Lawsuit Investigation

If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation. 

Join Here

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


55 thoughts onUS Can’t Dodge Stimulus Check Class Action Lawsuit

  1. Ricky Osullivan says:

    Add me

  2. Tamiko Hawkins says:

    Everything about the recovery rebate credit was wrong to take it for debt.or whatever the reason it was wrong.
    they said it couldn’t be taking now they just took peoples stimulus money like so you don’t need it they don’t know what peoples going through. it was wrong.they took my $1200 and $600 but through the recovery rebate credit in a pandemic wow.

  3. Kevin S says:

    My Ex Wife received all three Stimulus checks. She was remarried September 2020. After talking to IRS that if I was to file early I would receive the 3rd round of stimulus checks. Due to my Ex Wife having a bank account on file with IRS she got the 1st round and 2nd round Stimulus Directly deposited. I checked the IRS tool stimulus check. and She got the 3rd Stimulus check deposited, Even though she is remarried. She also got all three of our adult daughters Stimulus checks as well. All IRS keeps telling me is that I was paid the stimulus checks and to file a court civil lawsuit against my ex wife.

  4. Richard lee says:

    I never got even one check i not in jail I never been too jail and I never got ssi or anything liked that and I still don’t get one why

  5. Shanna says:

    I don’t understand why in the beginning they said that if you owed back child support that your 2nd check you would receive. But it’s really F@#KED up that of you had to file the recovery rebate that you wouldn’t get it. First they should have made that rule for the recovery rebate as well. I know that parents bot of them should be responsible for taking care of there kids, but when it comes to a world wide pandemic EVERYONE IS IN THE SAME DAMN BOAT. And the government don’t consider that the parent that has to pay child support is needing money just like the other parent. I mean she gets a check plus my check I need to have a place to live and food just like they do but if I don’t pay cause I lost my job and living on the streets I will still go to jail. While she at drawing a check and I’m doing the best I can but I’m not as important as the other parent. Why am I being decriminalized against cause I have to pay child support. I want to know if I can file a lawsuit for other Dad’s and moms that have to pay child support and looked down soon.

1 3 4 5

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.